WA Violence Restraining Order - Can I Sue for Mental Anguish?

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21 September 2016
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I recently had a Violence Restraining Order placed against me wrongfully. I am contesting it but it has caused me quite a lot of stress and anxiety. Am I able to sue the person who took the Vilence Restraining Order out on me for mental anguish/distress?
 
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Rod

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Yes, a couple of different options exist.

Malicious Prosecution. But it is not necessarily easy proving your case. It is up to you to prove, amongst a few other things, that the case against you was motivated by malice and was unreasonable (eg not based of facts or genuine belief).

Defamation is a possibility depending on what was said and who to. Telling police and/or court does not count for defamation.
 
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